Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Prosecution examined 10 witnesses and out of which there are two injured eye witnesses - Both of them have supported case of prosecution - Even other PWs are consistent in their statements and have fully supported case of prosecution - Testimony of PWs is not doubtful - Accused held, guilty of offence in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Recovery of 48 ampules of Buprenorphine and a disposable syringe - Independent witnesses turned hostile - Mere hostility of independent witnesses cannot lead to lack of creditworthiness of official witnesses - If evidence of official witnesses is consistent and trustworthy, same can be relied upon even..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of SC/ST Act - Neither prosecutrix nor her father nor other witnesses have mentioned that she was lured, kidnapped and raped because she belonged to a particular community - Offence u/s 3(2)(v) of the Act not made out - Accused acquitted...........
Evidence Act, 1872, Section 3 -- Contradictions in ocular evidence between eye witnesses - Defence is entitled to rely upon contradictions in ocular evidence furnished by eye witnesses and highlight any incongruity between their versions and prosecution's case - It is not universally affirmed position that witnesses must be confronted by defence to seek advantage of..........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Sole eye witness to the alleged crime and his nephew have not supported the case of prosecution - No substantial effort made by police for conducting search of residence of accused in the presence of local witnesses - Complainant and PW8 un-ambiguously refuted that neither passbook nor red cloth was..........
Indian Penal Code, 1860, Section 395, 391 -- Offence u/ss, 395, 391 IPC - Benefit of acquittal on parity with co-accused - Accused convicted, as PW1 not only supported the case of prosecution but as many as 15 witnesses came to be examined - Therefore merely because in subsequent split of trial co-accused came to be acquitted benefit of such acquittal cannot be in favour..........
Criminal Trial -- Fairness of trial - In the matter of a criminal trial against any accused, the distinctiveness of evidence is paramount in light of accused`s right to fair trial, which encompasses two important facets along with others i.e., firstly, the recording of evidence in the presence of accused or his pleader and secondly, the right of accused to cross-examine..........
Will -- Revocation - Agreement entered into in between two beneficiaries - Question as to whether such agreement amount to revocation of Will - In this agreement only two beneficiaries are shown as parties to the agreement and they are described as party No.1 and 2 - Thumb impression of testator appears in the left margin on the third page - Not a case of appellant or any..........
Criminal Procedure Code, 1973, Section 182 -- Final report that incident of theft was false - Court accepted the final report despite a protest petition against the said report and summoned the complainant u/s 182 Cr.P.C. - Protest petition could have been treated as complaint - Petitioner could have been given an opportunity to produce evidences and witnesses in support..........
Indian Penal Code, 1860, Section 302, 34, 324, Explosive Substances Act, 1908, Section 3, 4 -- Murder and Voluntarily causing hurt by dangerous weapons - Accused hatched criminal conspiracy and committed murder of deceased by firing gun shot and blasting bomb - Informant, eye witness, resident of other village but acquainted accused during incident proving his presence by..........
